Delhi High Court Reinstates 'Makhan Fish Corner Trademark', Cites Non-Application Of Mind By Registry

The Delhi High Court has set aside an order of the Trade Marks Registry that removed the trademark “MAKHAN FISH CORNER” from the Register of Trade Marks, holding that the decision was poorly reasoned and ignored important evidence. A single bench of Justice Tejas Karia said that statutory authorities are required to pass reasoned orders, particularly when they affect the statutory rights...

NCLT Rejects Belated Bidder Plea To Call Lenders' Meeting To Reopen EOI In Sebacic Insolvency

The National Company Law Tribunal (NCLT) at Ahmedabad has rejected a plea filed by Dysetuff Industries Ltd seeking directions to convene a special meeting of the Committee of Creditors (CoC) to reopen the Expression of Interest (EOI) process in the insolvency of Sebacic India Ltd, holding that Corporate Insolvency Resolution Process (CIRP) timelines cannot be relaxed once they...

Customs Act | No Time Bar For Shipping Bill Conversion Under Section 149: CESTAT Mumbai

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has dismissed an appeal filed by the Customs Department against ADF Foods Ltd., holding that exporters can seek conversion of shipping bills from one export incentive scheme to another even after several years, as long as the law does not prescribe any time limit. A Bench comprising Dr. Suvendu...

Service Tax | Windmill Installation, Commissioning Services Construable As 'Input Service', Credit Admissible: Gujarat High Court

The Gujarat High Court has allowed CENVAT credit of service tax paid on input used in setting up of a Windmill, away from factory premises, on the strength of nexus of the inputs with output activity, electricity generation. A Division Bench comprising, Justice Bhargav D. Karia and Justice Pranav Trivedi in twin writ petitions has set aside order of CESTAT Ahmedabad...

Centre Notifies Reallocation Of Territorial Jurisdiction Of DRTs In West Bengal Under RDB Act

The Central Government has notified a reallocation of territorial jurisdiction among four Debt Recovery Tribunals (DRTs) in West Bengal through a notification dated December 16, 2025, issued by the Ministry of Finance under Section 3 of the Recovery of Debts and Bankruptcy Act, 1993. The notification amends the earlier jurisdictions notified on March 15, 2017, and reorganises how...

Failure To Serve Guarantor Insolvency Plea On RP Not Curable If It Prejudices Creditor Rights: NCLAT

The National Company Law Appellate Tribunal (NCLAT) at New Delhi recently held that failure to serve copies of insolvency petitions on the tribunal-appointed resolution professional cannot be treated as a curable procedural lapse when it prejudices creditor rights. On this basis, the Appellate Tribunal dismissed appeals filed by personal guarantors of a corporate borrower for loans extended...

Adjudicating Authority Cannot Allow Arbitration During IBC Moratorium: NCLT Chandigarh

The National Company Law Tribunal (NCLT) at Chandigarh has recently held that the adjudicating authority (NCLT) cannot direct the continuation of pending arbitration proceedings during the moratorium under Section 14 of the Insolvency and Bankruptcy Code. It ruled that such a direction would be beyond the tribunal's jurisdiction under Section 60(5) and would defeat the purpose of...

Del Credere Agent Who Bears Buyer Default Risk Is Operational Creditor Under IBC: NCLAT Reaffirms

The National Company Law Appellate Tribunal (NCLAT) at New Delhi on Wednesday reiterated that a Del Credere Agent, an agent who guarantees payment to the supplier and bears the risk if the buyer defaults, is an operational creditor under the Insolvency and Bankruptcy Code and can initiate insolvency proceedings to recover unpaid dues. A bench of Judicial Member Justice Yogesh Khanna...

LiveLawBiz: Business Law Daily Round-Up: December 17, 2025

TAX Commission Earned On Sale Of Agricultural Produce Attracts Service Tax Under 'Business Auxiliary Service': CESTAT AhmedabadService Tax | Extended Limitation Cannot Be Invoked Without Mens Rea, Deliberate Intent To Evade Duty To Be Proven: CESTAT ChandigarhNon-Availability Of GSTAT Cannot Be Used To Bypass Mandatory Pre-Deposit U/S 112(8) CGST Act: Orissa High CourtGST | Cannot Seek...

Financial Creditor Cannot Refuse To Share CIRP Cost After Taking Part In Its Approval: NCLT Delhi

The National Company Law Tribunal (NCLT) at New Delhi has ruled that a financial creditor cannot refuse to pay its share of insolvency costs after participating in Committee of Creditors (CoC) meetings where those costs were placed before members and approved. A bench of Judicial Member Manni Sankariah Shanmuga Sundaram and Technical Member Atul Chaturvedi directed CFM Asset Reconstruction...

Claim Filed In Borrower Insolvency Not A Demand On Personal Guarantor, Cannot Trigger Insolvency: NCLT Kolkata

The National Company Law Tribunal (NCLT) at Kolkata has recently held that merely filing a claim in the borrower's insolvency proceedings cannot be treated as a demand on the personal guarantor, reiterating that a guarantee must be formally invoked in accordance with its terms before insolvency proceedings can be initiated against a guarantor. On this reasoning, the tribunal dismissed...

'Karmayodha' Film Plagiarism: Kerala Court Orders Major Ravi & Makers To Pay ₹30L To Scriptwriter Regi Mathew

The Commercial Court, Kottayam recently passed a judgment against Major Ravi and Mohammed Haneef, who are the director and producer of the 2012 Mohanlal-starrer movie 'Karmayodha', to pay a compensation of Rs. 30 lakhs to scriptwriter Regi Mathew.Sri. Manish D. A., Principal Sub-Judge, decided the suit preferred by Regi Mathew seeking permanent prohibitory injunction, declaration, damages and...